In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a trial court’s ruling that had dismissed a plaintiff’s uninsured motorist (UM) claim against her insurer, USAA, based on a previous settlement with the at-fault driver’s insurance company. The case, Tonyel Singleton v. United Services Automobile Association, highlights…
In a recent decision, the Louisiana Court of Appeal reversed a summary judgment granted in favor of attorneys in a legal malpractice lawsuit. The case, highlights the critical distinction between contractual and delictual claims in insurance disputes and the potential impact on the applicable statute of limitations. Michael Belanger was…
In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed…
In the realm of legal malpractice, the timing of filing a lawsuit is critical. A recent Louisiana Court of Appeal decision, Wells v. Henry T. Dart, Attorneys at Law, APC, underscored this point, highlighting the one-year peremptive period for bringing such claims in the state. Let’s dissect this case and…
A recent Louisiana Court of Appeal case sheds light on the complexities of personal injury claims following car accidents, particularly when pre-existing conditions are involved. In the case of Lewis v. Fowler, the plaintiffs were involved in a minor accident and subsequently claimed significant damages for aggravated chronic pain. However,…
A recent Louisiana Court of Appeal decision underscores the importance of insurance agents fulfilling their duties with reasonable diligence and care. In Upscale Fashions, Inc. v. Botsay Insurance Network, Inc., an insurance agent’s failure to properly procure and communicate coverage details led to a significant financial loss for the insured and…
When an employee suffers a work injury, it may result in negative consequences for the employee’s health. While Louisiana’s workers’ compensation laws allow the employee to recover damages for these future health complications, this has its limits. The employee must prove that this future negative consequence was related to the…
After being involved in a motor vehicle accident, you will likely be left with various damages, including medical injuries. Although you may assume insurance will cover all of your injuries and related damages, this is not always the case. The following Ouachita Parish case demonstrates the importance of understanding your…
If you want to decline uninsured/underinsured (“UM”) coverage, you might think it is sufficient to merely tell your insurer you do not want UM coverage. However, under Louisiana law, there are strict requirements with which you must comply in order to validly waive UM coverage. What happens if the insured…
Car accidents can often give rise to lawsuits with complicated issues of causation and damages. Often, one or both sides will have expert witnesses to help explain complicated issues to the jury. What happens if one side argues the other side’s expert witness should not be allowed to testify as…